Dharah Gibinj Aboriginal Medical Service Aboriginal Corporation v Bulgarr Ngaru Medical Aboriginal Corporation [2015] FCA 580

FEDERAL COURT OF AUSTRALIA

Dharah Gibinj Aboriginal Medical Service Aboriginal Corporation v Bulgarr Ngaru Medical Aboriginal Corporation [2015] FCA 580 Citation: Dharah Gibinj Aboriginal Medical Service Aboriginal Corporation v Bulgarr Ngaru Medical Aboriginal Corporation [2015] FCA 580

Parties: DHARAH GIBINJ ABORIGINAL MEDICAL SERVICE ABORIGINAL CORPORATION v BULGARR NGARU MEDICAL ABORIGINAL CORPORATION, GWEN HICKLING, MURIEL EXTON, JAMES WILLIAMS, ANGELINE COLLINS, GRAEME WALKER and STEVE BLUNDEN

File number: NSD 2335 of 2013

Judge: GLEESON J

Date of judgment: 23 April 2015

Catchwords: COSTS – applicant filed application seeking summary judgment against first respondent and seventh respondent – applicant claimed first respondent had no reasonable prospects of successfully defending the proceedings – first respondent urged applicant to withdraw application as inappropriate – seventh respondent filed defence late – applicant withdrew interlocutory application due to close relationship of case against first respondent and seventh respondent – whether first respondent entitled to indemnity costs of interlocutory application – whether seventh respondent entitled to costs of interlocutory application – inappropriate matter for summary judgment application – significant issues of fact to be tried – circumstances do not warrant award of indemnity costs – seventh respondent to pay applicant's costs

Legislation: Conveyancing Act 1919 (NSW), s 37A Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules 2011 (Cth), r 26.01